[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1874 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1874

  To amend title 5, United States Code, to provide that an individual 
serving in a position in the competitive or excepted service, under an 
 indefinite or temporary appointment, who performs at least 2 years of 
  service in such a position within a 5-year period, and who passes a 
   suitable noncompetitive examination, shall be granted competitive 
            status for purposes of transfer or reassignment.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 12, 1997

 Mr. Kanjorski (for himself, Mr. Bonior, Mr. McGovern, Mr. Jackson of 
  Illinois, and Mr. Tierney) introduced the following bill; which was 
      referred to the Committee on Government Reform and Oversight

_______________________________________________________________________

                                 A BILL


 
  To amend title 5, United States Code, to provide that an individual 
serving in a position in the competitive or excepted service, under an 
 indefinite or temporary appointment, who performs at least 2 years of 
  service in such a position within a 5-year period, and who passes a 
   suitable noncompetitive examination, shall be granted competitive 
            status for purposes of transfer or reassignment.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. COMPETITIVE STATUS.

    Section 3304 of title 5, United States Code, is amended by 
redesignating subsection (e) as subsection (f) and by inserting after 
subsection (d) the following:
    ``(e)(1) Notwithstanding a contrary provision of this title or of 
the rules and regulations prescribed under this title for the 
administration of the competitive service, for purposes of appointment 
to a position in the competitive service, an individual serving in a 
position in the competitive or excepted service, under an indefinite or 
temporary appointment, acquires a competitive status if such 
individual--
            ``(A) has completed, without break in service of more than 
        2 years, a total of at least 2 years of service within the last 
        5 years (taking into account only service performed in any such 
        position or positions, under an indefinite or temporary 
        appointment); and
            ``(B) passes a suitable noncompetitive examination.
    ``(2) Nothing in this subsection shall--
            ``(A) affect an individual's right to have such 
        individual's appointment converted to a career appointment, 
        without condition, in accordance with section 3304a(a), if 
        otherwise eligible therefor; or
            ``(B) otherwise prevent the application of any other 
        provision of this subchapter with respect to such 
        individual.''.

SEC. 2. EFFECTIVE DATE; CREDITABILITY OF PRIOR SERVICE.

    (a) Effective Date.--This Act and the amendments made by this Act 
shall take effect as of the date of the enactment of this Act.
    (b) Creditability of Prior Service.--(1) For the purpose of the 
amendments made by this Act, service performed before the effective 
date of this Act may be taken into account if, or to the extent that, 
such service was performed within the 5-year period ending on such 
effective date.
    (2) In the case of an individual who satisfies the service 
requirement under section 3304(e) of title 5, United States Code (as 
amended by this Act) based solely on service which is creditable by 
virtue of paragraph (1), competitive status under such section 3304(e) 
(based solely on such service) shall be retained for the greater of--
            (A) the period of time allowable under such section 
        3304(e); or
            (B) the 1-year period beginning on the effective date of 
        this Act.
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